NINTENDO’S SUPER SMASH BROS. FOR NINTENDO 3DS NATIONAL OPEN TOURNAMENTS OFFICIAL RULES

1. OVERVIEW:

Event: “Super Smash Bros. for Nintendo 3DS National Open” tournamentswill consist of sixteen (16) qualifying local tournaments (the “Local Tournaments”) and one (1) final national tournament (the “National Tournament,” and together with the Local Tournaments, the “Tournaments”).

Locations: The Local Tournaments will take place at fifteen (15) GameStop retail store locations across the United States, as specified in Section 3 below, and at the Nintendo World store, located at 10 Rockefeller Plaza, New York, NY 10020. The National Tournament will take place at the Nintendo World store.

Dates & Start Times: The Local Tournaments will take place on October 4, 2014 and will each start at 11:00 a.m., local time. The National Tournament will take place on October 11, 2014 and will start at 6:00 p.m. ET. The Tournaments’ dates, times, locations, and prizes are subject to change at Nintendo’s sole discretion.

two (2) round-trip coach class airline tickets from a major U.S. commercial airport near the winner’s home to the metro New York area for winner and a guest (the “Travel Guest”) (however, at Nintendo’s discretion, if the winner lives within reasonable driving distance of New York City, he or she may receive round-trip ground transportation to New York City in lieu of the airline tickets) (ARV $1,450);

two (2) nights’ lodging in a hotel chosen by Nintendo in the New York metropolitan area for winner and the Travel Guest (one standard room, double occupancy) (however, at Nintendo’s discretion, if the winner lives in the New York City metro area, he or she may receive round-trip ground transportation to the National Tournament in lieu of the hotel accommodations) (ARV $800); and

one (1) Visa gift card for $250 (ARV $250).

The National Tournament winner will receive

A Super Smash Bros. champion’s robe (ARV $100); and

A champion’s trophy (ARV $900).

Total ARV of all available prizes: $44,840. Additional details regarding prizing are set forth in Section 5 below.

2. ELIGIBILITY; PARTICIPATION. NO PURCHASE NECESSARY TO ENTER OR WIN; PURCHASE WILL NOT INCREASE ODDS OF WINNING. THE TOURNAMENTS ARE OPEN ONLY TO LEGAL RESIDENTS OF THE U.S./D.C. EXCLUDING PUERTO RICO, WHO ARE AGE 13 OR OLDER. NINTENDO RESERVES THE RIGHT NOT TO ALLOW PARTICIPATION OR AWARD PRIZES TO PARTICIPANTS RESIDING IN OTHER JURISDICTIONS. PARTICIPANTS MUST BE PRESENT TO WIN A PRIZE. No person may participate on another’s behalf. All participants must comply with these Official Rules, and any other Tournament rules and restrictions supplied by Nintendo upon registration. Participant’s failure to comply with such rules will lead to his/her disqualification from the Tournaments. Participation constitutes participant’s full and unconditional agreement to and acceptance of these Official Rules. Any participant under the age of 18 or the legal age of majority in the participant’s state of residence (a “Minor”) must have a parent or legal guardian submit a signed, written statement that the parent or legal guardian has read, understands and agrees to these Official Rules and the Release Forms (defined below), and that such agreement constitutes acceptance of these Official Rules and the Release Forms on behalf of both the parent or legal guardian and the Minor. Employees, officers, directors, and agents of Nintendo, Nintendo Co., Ltd., Nintendo World store, GameStop Corporation or their respective parent companies, affiliates, subsidiaries, advertising, and fulfillment agencies (together “Related Parties”), or their immediate family members and persons living in their same household are not eligible to participate in the Tournaments. Void where prohibited by law. All federal, state, and local laws and regulations apply.

3. TOURNAMENT LOCATIONS. The Tournaments will take place at the locations set forth below.

Tournament

Location

Address

Local

GameStop
Winfield Shopping Center

966 Blossom Hill Road
San Jose, CA, 95123

Local

GameStop
Anaheim Town Center

2004 East Lincoln Ave.
Anaheim, CA 92806

Local

GameStop
c/o Barnes & Noble

960 S. Colorado Blvd.
Denver, CO 80246

Local

GameStop
The Brickyard S/C

6451 W. Diversity Ave., Suite G-9
Chicago, IL 60707

Local

GameStop
Dedham Mall

336 Providence Highway
Dedham, MA 02026

Local

GameStop
St. John's Plaza

9150 Baltimore National Pike, Suite 16
Ellicott City, MD 21042

Local

GameStop
SWM Skibo S/C

1590 Skibo Road
Bonnie Doone, NC 28303

Local

GameStop
32 E 14th Street

32 E 14th St.
New York, NY 10003

Local

GameStop
Bellevue Square

242 Bellevue Square
Bellevue, WA 98004

Local

GameStop
Tower Shops

2140 S. University Drive
Davie, FL 33324

Local

GameStop
Lake Brandon Shoppes

11025 Causeway Blvd.
Brandon, FL 33511

Local

GameStop
SWM Sand Lake Corner

8115 S John Young Parkway
Orlando, FL 32819

Local

GameStop
Chamblee Village

1841 Chamblee Tucker Rd., Suite 3A
Chamblee, GA 30341

Local

GameStop
Northtown Plaza

5598 North Fwy, Ste E
Houston, TX 77076

Local

GameStop
c/o Barnes & Noble

2201 Preston Rd., Suite E
Plano, TX 75093

Local, National

Nintendo World

10 Rockefeller Plaza
New York, NY 10020

4. TOURNAMENT STRUCTURE; RULES. TOURNAMENT STRUCTURE; RULES.

Local Tournaments.

Participation: There will be a total of up to 64 players in each Local Tournament. Participation in the Tournament will be on a first come, first served basis, with any disputes resolved by Nintendo in its sole discretion.

Brackets: This bracket contains:

Round of 64: 16 Matches consisting of 4 players in each match with 1 winner

Round of 16: 4 Matches consisting of 4 players in each match with 1 winner

Round of 4: 1 Match consisting of 4 players with 1 winner

The game will determine 1 winner by score for each match, leading to one winner per Local Tournament.

Scoring, Time and Stock:

All matches in all rounds are 6 minutes long, or shorter if the need arises to stay on schedule depending on Local Tournament location.

There is no stock count.

In the event the score is tied at the end of the 6 minutes, the game will go into “Sudden Death” mode to determine 1 winner. This winner will either move onto the next round, or (in the event of the match being the last match of the Tournament) determine the winner of the Local Tournament.

Characters:

To ensure a level playing field, players may only select a character from the default roster.

Any characters unlocked after the game has booted for the first time are not allowed at these Local Tournaments.

Players may vote for a regular or “Final Destination” version of any of these stages through the in-game voting system.

The stages above are the only stages that are allowed in this Local Tournament. If a match takes place on a stage not listed above, the match is forfeited by all players and must be restarted to conform to the official parameters listed here.

**In the event of the game freezing or an improper stage or character selection during one of the Tournament’s matches, the Tournament manager will call to restart the match with the approved Tournament rules and settings. No scores will carry over from the previously canceled match into the restarted match.**

National Tournament.

Participation: The winners from the 16 Local Tournaments will participate in the National Tournament.

Structure:

The National Tournament is a 16 player tournament, with each match being 1 vs.1

The game will determine 1 winner for each match, leading to one winner of the National Tournament.

Game Data

Players may bring and use their own personal Super Smash Bros. for Nintendo 3DS game, complete with their own custom save data if they so choose (each, a “Personal Game”).

Nintendo will also provide a Super Smash Bros. for Nintendo 3DS game with official tournament save data including customization options (the “Nintendo Game”) to any player who does not have their own game or who chooses to use the Nintendo Game instead.

Prior to the start of the tournament and livestream, all players must create on the Nintendo Game the customized version of the character they plan to use and an alternate customized version of the same character.

In any round of the tournament, any player in that round may choose to require that round of the tournament be played on the Nintendo Game, rather than on the Personal Games.

Characters & Character Customization

Any character from the full roster of characters is permitted.

Customized characters are also allowed with the following parameters:

Mii characters may only represent the likeness of the Tournament participant using that Mii character.

Each player’s customized character and alternate customization must be finalized and approved prior to the start of the Tournament, and customization options must be disclosed to Nintendo and to other participants prior to the start of the Tournament.

Customization options may not be adjusted after the Tournament begins.

All customized Special Moves are allowed, including all Mii Fighters and their respective customizable Special Moves

Players may not switch to different characters (E.g. Mario to Peach) during the Tournament or change character customization options. However, during the final set of matches, a player that has lost the previous match may switch to their alternate custom version of their chosen character one time.

Players must stick with only one version of their customized character until the final set of matches.

Scoring, Time, and Stock

Round of 16: Best of 1 match: 6 minutes, 4 stock

Round of 8: Best of 1 match: 6 minutes, 4 stock

Round of 4: Best of 1 match: 6 minutes, 4 stock

Finals: Best of 3 matches: all matches are 4 stock, no time limit.

For matches with a time limit, in the event the stock count is tied at the end of the 6 minutes, the game will go into “Sudden Death” mode to determine 1 winner. This winner will either move onto the next round, or in the event of the match being the last match of the Tournament, determine the winner of the Tournament.

Items:

Round of 16 and 8 will have Smash Balls on ONLY

Round of 4 and Finals Round will have all items OFF

Stages:

The round of 16, 8, and 4 will have stages on random.

The Final (best 2 out of 3) matches of the Tournament will be Random Omega Form (All Final Destination).

*In the event of the game freezing during one of the Tournament’s matches, the Tournament Director will call to restart the match with the same settings. No stock or score will carry over from the previously canceled match into the restarted match.*

**The Tournament director will have the final say when settling disputes, including all scoring outcomes.**

***Rules are subject to change at Nintendo’s discretion.***

5. PRIZES.

In General: Odds of winning a prize depend on the number and skill of qualified entrants. All prizes will be awarded. No alternative prize, cash, or other substitution shall be permitted, but Nintendo reserves the right to substitute any prize with a prize of equal or greater value, should any prize become unavailable for any reason. Arrangements for the fulfillment of all prizes will be made by Nintendo. Prizes are non-transferable. All prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). All federal, state, and/or local taxes applicable to the prizes shall be solely the responsibility of each winner. Prizes will be delivered as soon as practicable by Nintendo upon verification/confirmation of the winners. Prizes won by a Minor will be awarded to a parent or legal guardian on the Minor’s behalf.

Prizes Involving Travel: The airline(s), ground transportation (if applicable), airports, and hotel(s) will be chosen by Nintendo at Nintendo's sole discretion. Trip packages, dates and times of travel, and accommodations are subject to availability, and travel restrictions, conditions, and limitations may apply. Each winner and his or her Travel Guest must travel together on the same trip itinerary and are solely responsible for having any required travel-related documents (including valid government-issued photo identification and/or any required passport or visa) prior to departure and fulfilling all other travel and security requirements. Nintendo will pay only the nightly rate and taxes for the hotel (all other incidental hotel expenses are the responsibility of the winner). Each winner is responsible for all expenses, incidental travel costs, and all other costs not expressly provided in the prize description set forth above, including, but not limited to, ground transportation, meals, incidentals, passport costs, visa fees, and entry/exit fees, and other expenses. If winner is a Minor, winner’s Travel Guest must be the winner’s parent or legal guardian. If a winner’s Travel Guest is a Minor during any portion of the Trip prior to October 10, 2014, then the winner must be the parent or legal guardian of the Travel Guest. Sponsor will not be responsible if the winner or Travel Guest misses any portion of the trip for any reason. No insurance is provided as part of the trip, and obtaining any insurance (such as travel insurance, health, accident or medical insurance, or property loss or damage insurance) is the sole responsibility of the winner and his or her Travel Guest. The winner is responsible for the conduct and behavior of his or her Travel Guest.

6.REQUIREMENTS OF TOURNAMENT PARTICIPANTS AND WINNERS. All participants, including all prize winners and Travel Guests, will be required to sign and return the applicable written releases, affidavit of eligibility, acceptance of these Official Rules, release of liability and/or tax forms (collectively, the "Release Forms"), together with other such documentation as Nintendo may request. If a winner is not present or otherwise cannot be contacted, is ineligible or disqualified, or fails to timely return the completed and executed agreements as required by Nintendo, the winner’s status may be forfeited and an alternate winner may, at Nintendo’s discretion, be designated, provided sufficient time remains to verify an alternate winner.

7.LICENSE GRANT AND RELEASE. PURCHASE WILL NOT IMPROVE ODDS OF WINNING. Nintendo and its agents may film, record and/or take photographs during the Tournaments, and may use the resulting footage, recordings or photographs for a range of purposes, including, without limitation, for marketing and promoting Nintendo and its products and services. By participating in the Tournaments, participant (and if such participant is a Minor, his or her parent or legal guardian) hereby consents to being filmed, recorded or photographed during the Tournaments, and grant Nintendo and those acting under its authority (and agree to confirm that grant in writing) the royalty-free, perpetual, irrevocable right and license to publish, reproduce, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and display any or all of the details of such participation, including participant’s name, player name, Mii character, photograph, voice and/or likeness, and any of the film, photographs or recordings taken pursuant to this Section 7 without further notice, review or approval, without territorial, time, media or medium or other limitations, for any and all purposes, including, but not limited to, marketing and advertising purposes, except where prohibited by law. By participating in the TOURNAMENTS, participant (and, if participant is a minor, his or her parent or legal guardian) agrees that he/she VOLUNTARILY ASSUMES AND ACCEPTS ANY AND ALL RISKS RELATED TO HIS/HER PARTICIPATION IN THE TOURNAMENT AND RELEASES THE RELEASED PARTIES (DEFINED BELOW) FROM AND HEREBY WAIVES, ANY AND ALL CLAIMS RELATED TO THE PROMOTION, INCLUDING BUT NOT LIMITED TO, ANY DANGERS, HARM, INJURIES AND/OR LOSSES THAT MAY OCCUR TO PARTICIPANT AND/OR HIS/HER PROPERTY DURING SUCH PARTICIPATION whether under a theory of contract, tort (including negligence), warranty or other theory. Nintendo will not be responsible for late, lost, illegible, incomplete, damaged entries or problems with the gaming or other Tournament equipment and accept no responsibility for any injury, loss or damage of any kind resulting from an entrant’s participation in the Tournaments. Participant (and if participant is a Minor, participant's parent or legal guardian) further agrees that under no circumstances, including, but not limited to, negligence, shall Nintendo, GameStop Corporation or its affiliates, or any of their respective officers, directors, employees, shareholders, agents, successors, and assigns or any of the Related Parties (the “Released Parties”) be liable for any direct, indirect, incidental, special, or consequential damages, including any injuries, losses or damages of any kind to persons, including death, or property, arising in whole or in part, out of participant’s participation in the Tournaments or any Tournament-related activity, or participant’s acceptance, possession, misuse or use of any prize, or for any printing, production, typographical, human or other error in the printing, offering or announcement of any prize, even if any or all of the Released Parties have been advised of the possibility of such damages. By participating in the Tournaments, participant (and if participant is a Minor, participant's parent or legal guardian) waives any and all rights to bring any claim or action related to his/her participation in the Tournaments in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.

8.WINNERS LIST AND OFFICIAL RULES. A winners list will be available to view at online at the conclusion of the Tournaments. These Official Rules will be available on site at each Tournament. You may also request a copy of the winners list or Official Rules by writing to Nintendo at the address below.

10.ADDITIONAL TERMS AND CONDITIONS. The Tournament and these Official Rules shall be governed, construed and interpreted under the laws of the State of Washington. Participants agree to be bound by these Official Rules and by the decisions of Nintendo, which are final and binding in all respects. Nintendo reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Tournaments or any participant’s participation therein should viruses, bugs, unauthorized human intervention or other causes beyond Nintendo’s control affect the administration, security or proper execution of the Tournaments or Nintendo otherwise becomes (as determined in its sole discretion) incapable of running the Tournaments as planned. Participants who violate these Official Rules, tamper with the operation of the Tournaments or engage in any conduct that is detrimental or unfair to Nintendo, the Tournaments or any other participant (in each case as determined in Nintendo’s sole discretion) are subject to disqualification from the Tournaments. Nintendo reserves the right to disqualify persons whose eligibility is in question, who do not comply with these Official Rules, or who are otherwise ineligible to participate in the Tournaments. Nintendo is the sole sponsor of this Tournament. If you have any questions about these Official Rules or the Tournaments, please send them to: Nintendo of America Inc., 4600 150th Ave NE, Redmond, WA 98052, Attn: SUPER SMASH BROS. FOR NINTENDO 3DS NATIONAL OPEN TOURNAMENTS.